Universities are places where people exchange ideas, challenge assumptions and engage in debate.
At the same time, members of our community often make choices about how, when and where they express their views.
Choosing not to say something is not always evidence that freedom of speech has been restricted.
This page explains the difference between a genuine "chilling effect" and an individual's decision not to express a lawful view.
What Is a Chilling Effect?
A chilling effect occurs when a person reasonably believes that expressing a lawful view may result in adverse consequences.
Examples might include concerns about:
- disciplinary action
- formal sanctions
- loss of employment opportunities
- academic disadvantage
- exclusion from activities or events
- being prevented from participating in a debate
- institutional restrictions on lawful expression
In these circumstances, an individual may decide not to speak because they believe there will be consequences for doing so.
What Is Not Usually a Chilling Effect?
People regularly decide not to express certain views for personal, professional or social reasons.
This is a normal part of living and working with others.
Examples may include:
- choosing not to raise a topic because it is not relevant to the discussion
- deciding not to comment because it may unnecessarily upset someone
- deciding that a particular conversation is not the right place or time
- wishing to maintain a positive working relationship
- exercising professional judgement
- deciding not to engage in an argument
These decisions are generally examples of personal choice rather than restrictions on freedom of speech.
Respectful Self-Restraint
Freedom of speech includes the freedom to decide not to speak.
Many people choose to:
- listen rather than respond
- express a view differently
- adapt their language to their audience
- avoid causing unnecessary offence
- prioritise kindness, professionalism or respect
These decisions do not undermine freedom of speech.
They are often part of exercising freedom responsibly.
Example 1
Scenario
A student chooses not to make a joke because they realise it may upset somebody in the room.
Likely Outcome
Personal Choice
The student remains free to express lawful views but has chosen to exercise judgment about how they communicate.
This would not normally be considered a chilling effect.
Example 2
Scenario
A member of staff decides not to challenge a colleague's opinion because they do not want to create conflict during a meeting.
Likely Outcome
Personal Choice
People regularly decide which discussions they wish to participate in.
Choosing not to engage in a debate does not necessarily indicate that freedom of speech has been restricted.
Example 3
Scenario
A student believes they will face disciplinary action simply for expressing a lawful political opinion during a seminar discussion.
Likely Outcome
Potential Chilling Effect
If that belief is reasonable and based upon actual or perceived restrictions, the University may wish to understand whether freedom of speech concerns exist.
Example 4
Scenario
An academic decides not to pursue a legitimate research topic because they believe it may negatively affect promotion opportunities.
Likely Outcome
Potential Academic Freedom Concern
Academic freedom includes the ability to pursue lawful research and scholarship.
Concerns about institutional disadvantage may warrant further consideration.
Example 5
Scenario
A student expresses a lawful opinion during a seminar, and other students strongly disagree with them.
Likely Outcome
Usually, Not a Chilling Effect
The possibility that others may disagree, challenge or criticise a view is part of open debate.
Freedom of speech protects the expression of lawful opinions but does not guarantee freedom from disagreement.
Freedom of Speech and Responsibility
Freedom of speech is an important right.
It also exists alongside other important values, including:
- dignity and respect
- equality
- inclusion
- academic standards
- professional standards
- safeguarding
The University encourages individuals to engage in robust debate whilst considering the impact their words and actions may have on others.
Raising a Concern
If you believe your lawful freedom of speech or academic freedom has been restricted, you can raise a concern through the University's Report + Support system.
The University will consider:
- the circumstances involved
- any restrictions that may have been applied
- competing rights and responsibilities
- relevant legal and policy considerations
Each case will be assessed individually.
Remember
Not every decision to remain silent is evidence of a chilling effect.
People regularly make thoughtful decisions about what to say, how to say it and whether a particular discussion is appropriate.
A chilling effect arises where lawful expression is discouraged through actual or perceived adverse consequences rather than through personal judgment, courtesy or professional discretion.
The University supports lawful freedom of speech, academic freedom and respectful dialogue as complementary principles that help create a thriving academic community.